Balaji Alias Aghori Balaki v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Balaji @ Aghori Balaji

... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Kumbakonam Police Station, Thanjavur. (Crime No.383 of 2023)

... Respondent/Complainant For Petitioner : Mr.V.Vishnu, Advocate For Respondent : Mrs.M.Aasha, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.383 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) IPC in Crime No.383 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is doing brick business and he had received Rs.22,500/- from one Sathish for delivering 3000 bricks. Following the same, he managed to deliver only 2000 bricks and for remaining 1000 bricks, he promised that he will make arrangements by purchasing from another person. However, he was not able to do it. On 02.07.2023, the accused person pressurized the complainant to deliver the remaining bricks. Thereafter, all the accused persons attacked the defacto complainant and also threatened him with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that due to business motive, the accused persons attacked the defacto complainant and caused injuries. That apart, the petitioner herein is having eight previous cases. Hence, she opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and considering the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 18/10/2023 / TRUE COPY /

/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. gns TO 1 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.18676 of 2023 Date :18/10/2023 RS/JGB/SAR-(20.11.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023